County Court Claim Form

porkypig1

Aaaaghhh! My wife received a parking notice from Parking Eye months ago (actually after my daughter parked too long outside Morrisons or Lidl). In my confident aire I told her to bin it, ignore any subsequent letters and grin, which is what I have done in the past after reading advice on here.
She has today received a County Court Claim Form from Northampton CC and I believe the laws have now changed after a brief look at some posts on here. Any advice? It is now 85+15+50 = £150. My wife cannot have any judgements against her as her job is sensitive to finance. Do we swallow and pay? Really cheesed off that I didnt check on here, but I have ignored them in the past and thought it was a formality.
Thanks for any advice
Porky
(please excuse me for not replying I am onmy way to work now)

bargepole

porkypig1 wrote: »

.... after a brief look at some posts on here. Any advice? ...

You need to take a long look, not a brief look. Make sure you look at recent advice, not old stuff.

All the advice you need is in the stickies. But you have to be prepared to sit down and put in the time.

SevenTowers

Even if you went to court, and lost, the CCJ is only registered against your credit rating if you don't pay within 28 days.

4consumerrights

Make sure that you acknowledge the claim and state you will defend in full within 14 days from service - on MCOL. This then buys you a total of 28 from service to compile and submit your initial defence.

Here's a starting point to research and work with:

Defence bullet points:

• Contract between Parking Eye and landowner (not a signed witness statement)
• Proof in contract that parking eye have a proprietary interest and are legally able to purue parking charges on behalf of landowner.
• Documentary evidence that Parking Eye (or landowner) are not in breach of any local planning regulations particularly parking times and installation of ANPR system.
• Evidence that the ANPR is working accurately and correctly callibrated.
• Documentary proof that parking eye are complying with legal obligations particularly in respect with paying business rates for the car park in question.
• Amount charged does not respresent a GPEOL for the alleged contravention - Request a breakdown of the parking charge for this loss. (Normal business running costs are not applicable but parking eye quote these - suggest in court that many of these are also tax deductible expenses)
• Tailor any other points e.g regarding signage - did you see it -
• Were there signs at car park entrance - you cannot enter a contract if you were unaware of its existence.
• Were the terms clear etc to you - you could bring in the fact that you were able to park with the landowners permission under the existing obligations between the landowner and the motorist which enabled you to park without any conditions or charges imposed upon you.
• Do you or anyone with you on the day come under any of the protected characteristics of Equality Act ....

And I thoroughly recommend Parking Pranksters guides which can both be downloaded from here: (one is free and the other the cost of a latte which helps fund court transcripts, and transport costs for lay reps - also available from this site)



http://www.parking-prankster.com

Coupon-mad

https://forums.moneysavingexpert.com/discussion/4889585

Same as that thread, same as every PE court thread, this isn't new and can be dealt with and with a bit of proactive assertiveness you could get it cancelled, reduced or won (but some people do lose, so what, NO CCJ if you then pay). This is less of a big deal than you think. Someone with a finance background should have the eye for detail to be able to spot the flaws in their case and draw up an appeal, with all the links & info everywhere! Amazed if she thinks a CCJ comes out of this though, which it does NOT if you paid up if you lose (typically £190). But most never pay that, or anything, there are ways and means to deal with this but you must read other threads and on pepipoo forum and get the Parking Prankster's Guide.

Did you miss the fact the 'Private Parking Ticket? Old or new, NEWBIES read these FAQs first' thread has a section with links, about small claims court? That's why it's stuck like a Notice near the top of the forum calling you to read it first.

Nodding_Donkey

I maybe asking a stupid question here but is it definitely from the court i.e. does it have a case reference number and a court stamp? Or is it just a "This is what we will do" type threat from PE?

HO87

Nodding_Donkey wrote: »

I maybe asking a stupid question here but is it definitely from the court i.e. does it have a case reference number and a court stamp? Or is it just a "This is what we will do" type threat from PE?

At the rate PE have been issuing claims through the bulk clearing centre at Northampton they have neither the time nor the need to issue "pretend" ones à la ANPR Ltd. The OP will be able to tell quickly enough as and when they log on using the details provided on the form. Forms from Northampton do not have an inked court stamp as individual papers issued from a county court do but have a pre-printed one.